PITTSBURGH — A Mississippi couple are suing Performance Pipeline Services LLC and B-Dal Holdings LLC, job site controllers, citing alleged negligence.
Samuel F. and Marlena M. Breland filed a complaint on Dec. 7 in the U.S. District Court for the Western District of Pennsylvania's Pittsburgh Division against the defendants, alleging they failed to monitor or adequately monitor excavation activities on the job site.
According to the complaint, the plaintiffs allege that on July 25, 2017, Samuel Breland was operating a track hoe when its cab flipped backwards three times and dropped approximately 90 feet vertically off a hillside. He allegedly suffered injuries including but not limited to left tibial plateau fracture, left anterior cruciate ligament tear and lacerations to the head, lip and right eye.
He no longer has a commercial driver’s license. The plaintiffs hold Performance Pipeline Services LLC and B-Dal Holdings LLC responsible because the defendants allegedly failed to properly inspect the cable that broke, causing Sam Breland’s track hoe to flip and fall, and failed to warn him that the cable was not strong enough to hold the track hoe.
The plaintiffs request a trial by jury and seek compensatory damages of more than $75,000, costs, interest and such other legal and equitable relief. They are represented by Frederick Goldsmith and E. Richard Ogrodowski of Goldsmith & Ogrodowski LLC in Pittsburgh.
The U.S. District Court for the Western District of Pennsylvania Pittsburgh Division Case No. is 2:18-cv-01638-PJP.